TOPEKA, Kan. (WIBW) – The Kansas Supreme Court has denied a petition by a man who claims the Department of Corrections wrongly labeled him a sex offender as he begins his 28th year in prison.
In terms of Appeal no. 121 888: Dale ML Denney vs. Joe Norwood, the Kansas Supreme Court said Denney, an inmate at El Dorado Correctional Facility, sought a writ of habeas corpus against the secretary of corrections.
Denney alleges that Kansas Department of Corrections misclassified and handled as a sex offender.
Court records indicate that a panel of the Court of Appeals upheld the District Court of Labette Co. decision to detain Denney was properly classified as a sex offender under departmental policy.
In a unanimous opinion written by Judge KJ Wall, the Court said it found the panel erred in analyzing district courts adjudicating under Kansas law because habeas corpus proceedings are governed by Kansas Annotated Statutes Chapter 60, Section 15, rendering the ordinary rules of civil procedure moot.
However, after setting out the procedures and standards of review that apply to habeas corpus proceedings, the court said it upheld the committee’s judgment because the record established that there was no cause for granting of a writ of habeas corpus and that a summary dismissal was required.
According to KDOC Records, Denney was imprisoned in 1994 in two separate cases. First, he was convicted of an aggravated weapon offense, aggravated sodomy and aggravated sexual assault which occurred in October 1992. Finally, he was convicted of aggravated felony sodomy, a aggravated assault, an aggravated sexual assault and an aggravated offense with a weapon which occurred in July 1993.
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